S.L. 586.8 Art. 41General principles for transfers of personal data. 28 [S.L.

(1) Any transfer by competent authorities of personal data which are undergoing processing or are intended for processing after transfer to a third country or to an international organisation including for onward transfers to another third country or international organisation shall take place, subject to compliance with these regulations, only where the conditions laid down in this Part are met, namely:

(a) the transfer is necessary for the purposes set out in regulation 3(1);

(b) the personal data are transferred to a controller in a third country or international organisation that is an authority competent for the purposes referred to in regulation 3(1);

(c) an adequacy decision has been adopted:

Provided that in the absence of such decision, such transfers of personal data may take place where appropriate safeguards have been provided or exist pursuant to regulation 43:

Provided further that in the absence of an adequacy decision, and of appropriate safeguards in accordance with regulation 43, such transfers may take place where derogations for specific situations apply pursuant to regulation 44.

(d) in the case of an onward transfer to another third country or international organisation, the competent authority that carried out the original transfer or another competent authority of the same Member State authorises the onward transfer, after taking into due account all relevant factors, including:

(i) the seriousness of the criminal offence;

(ii) the purpose for which the personal data was originally transferred; and

(iii) the level of personal data protection in the third country or an international organisation to which FOR THE PURPOSES OF THE PREVENTION, INVESTIGATION, DETECTION OR PROSECUTION OF CRIMINAL OFFENCES OR THE 586.08 EXECUTION OF CRIMINAL PENALTIES personal data are onward transferred.